PART 4The Pubs Code Adjudicator and the Pubs Code

Arbitration by Adjudicator

I1I251Arbitration: supplementary

1

Subsection (2) applies where a tied pub tenant—

a

refers a dispute to the Adjudicator under section 48, or

b

gives notice as mentioned in section 50(3)(b) that the tenant wishes the Adjudicator to be appointed to arbitrate a dispute.

2

The tenant must pay a fee to the Adjudicator of an amount prescribed in regulations made by the Secretary of State (except in specified cases as mentioned in subsection (3)(b)).

3

The regulations may make further provision as to the fee, and may in particular—

a

specify when the fee must be paid,

b

specify cases in which the tenant is not required to pay the fee,

c

specify cases in which the fee is to be refunded to the tenant.

4

The following subsections apply in all cases where the Adjudicator or a person appointed by the Adjudicator arbitrates a dispute.

5

Except where this Part makes different provision, the arbitration must be conducted in accordance with—

a

the rules regarding arbitrations issued from time to time by the Chartered Institute of Arbitrators, or

b

the rules of another dispute resolution body nominated by the arbitrator.

6

The pub-owning business concerned must pay the reasonable fees and expenses of the arbitrator in respect of the arbitration, except where—

a

the arbitration follows a referral by the tenant under section 48, and

b

the arbitrator concludes that the referral was vexatious.

7

The Secretary of State may by regulations make provision in relation to the costs payable by a tied pub tenant in respect of the arbitration, and the regulations may in particular—

a

provide that those costs are limited to an amount prescribed in, or to be determined in accordance with, the regulations, and

b

specify circumstances in which the arbitrator may make an award requiring the tenant to pay costs exceeding that amount.